13 Cited authorities

  1. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 14,006 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  2. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 20,343 times   2 Legal Analyses
    Holding that executive branch officers had qualified immunity
  3. Boyer v. Snap-On Tools Corp.

    913 F.2d 108 (3d Cir. 1990)   Cited 1,218 times   1 Legal Analyses
    Holding that the court could not pierce the pleadings to review the terms of a release in the relevant contract because that defense went to the merits of the plaintiff's claim
  4. Batoff v. State Farm Ins. Co.

    977 F.2d 848 (3d Cir. 1992)   Cited 784 times
    Holding that because there was at least a colorable claim against the non-diverse defendant in state court, remand was proper
  5. In re Briscoe

    448 F.3d 201 (3d Cir. 2006)   Cited 438 times   4 Legal Analyses
    Holding a district court cannot delve into the merits of a claim in a fraudulent-joinder inquiry
  6. Steel Valley Auth. v. Union Switch & Signal Div.

    809 F.2d 1006 (3d Cir. 1987)   Cited 774 times
    Holding that a claim for injunctive relief affecting the alienability of a non-party's property required that non-party's joinder under Rule 19
  7. Abels v. State Farm Fire Cas. Co.

    770 F.2d 26 (3d Cir. 1985)   Cited 584 times   1 Legal Analyses
    Holding the claims in an action asserted against "Doe defendants" survived fraudulent-joinder analysis, as plaintiffs were endeavoring to proceed against those defendants and to conduct discovery
  8. Brown v. Jevic

    575 F.3d 322 (3d Cir. 2009)   Cited 200 times   1 Legal Analyses
    Holding that "[w]e, along with our sister circuits, have recognized that a statute of limitations defense is properly considered in connection with a fraudulent joinder inquiry"
  9. Aguas v. State

    220 N.J. 494 (N.J. 2015)   Cited 47 times   6 Legal Analyses
    Holding in a gender-based LAD hostile work environment case, a female plaintiff must demonstrate that the complained-of conduct " would not have occurred but for [her] gender; and it was severe or pervasive enough to make a reasonable woman believe that the conditions of employment are altered and the working environment is hostile or abusive"
  10. Freichs v. Lifestar Response Corp.

    Civ. No. 09-4460 (DRD) (D.N.J. Nov. 3, 2009)   Cited 9 times
    Noting that, although the plaintiff's complaint was sparse, it stated a colorable aiding and abetting claim by "implying that [the plaintiff] was either terminated on [the supervisor's] authority or [that the supervisor] was responsible for communicating with company decision-makers regarding [the plaintiff's] disability and eventual firing"
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 122,224 times   187 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 72 - Magistrate Judges: Pretrial Order

    Fed. R. Civ. P. 72   Cited 116,630 times   17 Legal Analyses
    Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order